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(영문) 창원지방법원 통영지원 2014.10.17 2014고단587
야간건조물침입절도
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On April 21, 2014, at around 23:35, the Defendant: (a) opened a “D Job Placement Office” office managed by the victim C at o-si B; (b) opened a corrected entrance and intruded into that office; and (c) removed one wall (including cash 32,000 won) at the market price owned by the victim within the verification color bank.

Accordingly, the defendant invadedd the building managed by the victim at night, and stolen the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to photographs of damaged articles;

1. Article 330 of the Criminal Act applicable to the crime;

1. Article 62 (1) of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing following the suspended sentence);

1. According to the sentencing guidelines for sentencing under Article 62-2 of the Probation Criminal Act, the defendant is recommended to be sentenced to 8 months to 1 year and 6 months (the recommendation to reduce the scope of “influence theft” (the recognition of non-influence of punishment as a special mitigation factor)). The defendant has a record of punishment for the same kind of crime, taking into account the fact that the defendant has

However, considering the fact that the victim does not want the punishment of the defendant, the damaged goods have been restored, and the fact that the defendant is against the defendant, reasons for sentencing favorable to the defendant.

Other grounds for sentencing, such as the defendant's age, family relations, criminal motive, etc., shall be determined in the same manner as the disposition.

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